Last year, President Trump, by executive order, authorized governors to certify to the federal government by a certain date their interest in opting into the federal refugee resettlement program. Governor Lee decided to do so.
However, the General Assembly had previously rejected any involvement in the refugee resettlement program and sued the federal government because the federal program effectively obligated (commandeered) the state to appropriate state funds for government services to refugees.
The Tennessee Constitution delegates control over decisions and authority for setting the budge to the General Assembly. Does the President have the power to authorize a governor to act contrary to his or her state constitution, or state legislature? If a President seeks to provide that power, should a governor still comply with Tennessee’s Constitutional provisions regarding the separation of powers?
